Letters to the editor: Show your support

Sunday, September 25, 2011

I am writing this letter regarding the owner of Nichole Medical, Dominic Rotella, and his fight against contractor/auditor TriCenturion. I urge you to read this important story: Provider wants auditor to pay on page XX. This is a matter that can affect us all because it points to the fact that CMS and its contractors hold all of the power and we are susceptible to however they wish to yield it. Dominic in no way requested me to write about this situation. I simply felt like I had to take part in this effort.

Nichole Medical has been fighting this losing battle since 2002. After thousands of dollars paid to lawyers and a mandatory 100% offset by the regional carrier, Dominic was forced to close Nichole Medical's doors. The entire audit was found unjustified and unsubstantiated, but despite the ALJ judge ruling in Dominic's favor, he has lost all and gained nothing!

In an almost unprecedented event, Dominic decided to take the fight directly to TriCenturion. To Dominic's disbelief, the district court has ruled that TriCenturion has "official immunity." This is what can affect you and me the most: If CMS contractors have immunity, where are the boundaries or behaviors they must abide by? If we are held to such a high standard and CMS expects us to keep near perfect records, why shouldn't their auditors and contractors be held to the same standards and have consequences when they make a mistake, especially of this magnitude? Currently there is no retribution for TriCenturion if they do not play by the rules. If Dominic wins this case and TriCenturion has to pay out, they will begin take a second look when they deny 100% of your claims in an audit.

Dominic is appealing the decision and has stated his motivation for fighting this case: "If they win this decision, they will use this case as evidence against others to prove subsequent cases." If this happens to you, which is very possible, this is the case they can use to prevent you from challenging an auditor's wrongdoings.

Dominic has put everything on the line for case, which can impact any one of us. I am asking you, on behalf of Dominic, to show your support in his appeal against TriCenturion. We are helping in a small way, and plead with you to consider doing the same. There has been a secured account set up for Dominic. Please send your support here: Name on the account: Villari Brandes & Kline PC Client Trust Account

Memo Line: Nichole Medical Fund

Attn: Cara Nelson

David M. Hollar, PLLC

161 Washington Street

Conshohocken, PA 19428

If you would like to contact Dominic directly, you may reach him at the following email address: dominic.rotella@yahoo.com

--Marcus Suess, All States Medical, Fletcher, N.C.